Speech by Honourable Ntombikayise Sibhidla on the occasion of the Debate on the decision on President to Remove Adv. Pikoli from the Office of the NDPP February 12 2009

Madam Speaker
Honourable Members

I come from the ANC, a movement with unrivalled credentials and experience in leading peoples' struggles during the darkest days of the liberation struggle and in matters of democratic governance in this country.

A people's movement, which remains the only hope for the people of South Africa.

Because these masses can only trust their "tried and tested" movement, they are already waiting to cast their ballots to renew the democratic mandate of the ANC to lead struggles of the people going forward.

Honourable Members

It was on 27 September 2008 when former President of the Republic, Comrade Thabo Mbeki, suspended Adv. Pikoli from the office of the National Director of Public Prosecutions, subsequent to which the so-called Ginwala Commission was established in terms of section 12 (6) (a) of the National Prosecuting Authority Act, No 32 of 1998 to make a determination on the fitness and propriety of Adv. Pikoli to hold the office National Director.

Upon completion of the enquiry, the Ginwala Commission handed a report to President Kgalema Motlanthe, who considered Commission's findings.

Having considered the findings and, in particular, noted adverse findings, the President invited Adv. Pikoli to make representations on the findings.

Because Adv. Pikoli in his representations embraced the findings in his favour and rejected all the findings against him, it became apparent to the President that Adv. Pikoli did not understand seriousness of the "deficiencies in [his] capacity and understanding ... to fully execute the range of responsibilities attached to the office of the NDPP" that were identified by the Ginwala Commission.

As a result, the President decided to have Adv. Pikoli removed from the office. Honourable Members, it is this decision of the President we are considering today. We are called upon to accept or reject this decision.

Madam Speaker

Central in the reasons of the President is the Ginwala finding that Adv. Pikoli lacks appreciation for and sensitivity to matters of national security.

Adv. Pikoli argued before the Committee that he appreciates matters of national security because of his experience in dealing security matters.

It appears that the advocate missed the point. The issue here is not about his past exposure or experience in security and related matters.

Instead, the issue which concerned the Ginwala Commission and the President is his failure to show appreciation for and sensitivity to matters of national security when discharging his responsibilities as the NDPP.

In essence, this shows that he did not appreciate and understand the sensitivities of the strict security environment in which the NPA operates.

Honourable Members, what is unfortunate is that the Ginwala Commission made a determination on the restoration of Adv. Pikoli to the office of the NDPP, which issue falls beyond the mandate of the enquiry.

The fact of the matter is that the Ginwala Commission was established to conduct an enquiry on the fitness and propriety of Adv. Pikoli to hold the office of the NDPP, which would assist the President in deciding whether to remove or restore Adv. Pikoli. It is unfortunate in deed.

I will, therefore, Madam Speaker and Honourable Members not waste your time by dealing with recommendations that answered the wrong question.

We must address the House on the matters which talk to the terms of reference, the fitness and propriety of Adv. Pikoli to hold the office of NDPP and such other matters that may relate to such fitness and propriety.

Some sections of our society are trying to convince us that the Ginwala Commission vindicated Adv. Pikoli. The contrary is correct because the Ginwala Report contains adverse findings against Adv. Pikoli, especially in paragraph 16 and 17 of the executive summary of the report.

In these paragraphs, Dr Ginwala says: and I quote "I have also found issues of concern in the capacity and understaning of Adv. Pikoli to carry out the responsibilities of the office of NDPP. This relate primarily to his understanding of issues pertaining to national security and his lack of appreciation of the sensitivities of the political environment in which the NPA needs to operate, which sensitivity would not be incompatible with his prosecutorial independence," close quote

Madam Speaker, this finding is based on a number of serious security breaches by the DSO in front of the eyes of Adv. Pikoli as the overall head of the NPA.

Needless to mention, a laissez-faire approach adopted by Adv. Pikoli in handling search and seizure operations in the Union Buildings and the extremely dangerous Special Browse Mole Report really shocked us.

We would remember that in 2008 this House adopted a report on this matter, which clearly outlined the attitude of the DSO towards matters of national security. This is the report which confirmed that the Browse Mole Report as an intelligence document and classified as top secret.

Despite this, Adv. Pikoli never dealt with the Browse Mole Report in the manner it deserved. In simply terms, the advocate was very careless.

When he was advised to abort the project since it was outside the mandate of the DSO, Adv. Pikoli ignored that advice. Even the Ginwala Report states that Adv. Pikoli failed to order the DSO to stop further involvement in the matter.

When the Browse Mole Report was leaked to the public, Adv. Pikoli never decisively acted on those who were involved as the contents of the document were very dangerous, extremely inflammatory and divisive.

Therefore, Adv. Pikoli's approach in (mis) handling this report could not have been in public interest as it could throw our country into chaos.

This democratic Parliament as an organ of people's power cannot just watch and do nothing when there are potential dangers to security of the country and its citizens. National security concerns us all.

Precisely because of this as well as the Ginwala' s findings on Adv. Pikoli's lack of appreciation for and sensitivity to matters of national security, submissions to the Committee and deliberations thereon, we recommend that the President's decision to remove Adv. Pikoli be approved.

Thank you

Issued by the African National Congress, February 12 2009